Thank you for listening to this podcast one production available on apple podcasts and podcasts one. Are you guys will today's episode has one of decrees twist that we've ever talked about in a case before but before we get into it. I want to talk about a sponsor. That's letting us give this episode to you today for free and they're ren clean skincare so run skin care they believe in being cleaned skin and clean to the planet which we absolutely love. They know that what goes on your body is key so only choose bioactive the benefit skin health and ingredients that protect the efficacy of the formula and make it a pleasure to use the result is a clean safe skincare with the no talk stations no harsher controversial chemicals and no potential irritants ever so the updated their colt favourite perfect canvas clean primer and i've been using it on my vacation and i am a loving it. The product has the same rate formula but a new more recyclable bottle and a lower price point which is now only forty forty five dollars which was previously fifty five so save that ten bucks so if you guys wanna go check out ren skincare and get twenty percents off all full size items including including the perfect canvas visit u._s._a. Dot r. e. n. Skin-care dot com and use code. I again that's u._s._a. Dot run skin-care dot com and use our promo code. I enjoy the show degree degree degree. I i suppose to have any movies looking at her. You mean her had was so swollen poland. Her eyes are completely swollen. Shut the it looks like a tear drop of blood running down the side of her face. Hey guys welcome to the first degree. True crime podcast that you might end up on my name is jack v-neck. I'm sitting across from alexis linkletter next to billy johnson. Who's dressed like a ninety s kid kid. I'm wearing wearing plaid. Why what's so bad about wearing. Maybe i just never see you in anything you've ever seen the not black i decided because this was competitive at lazy day as last hung over day i put on plaid hung over interesting sounds interesting. Maybe we might have recorded a we got a a little bit wasted did have a long. Can i just make a public announcement that billy drink all the alcohol and alexis apartment and left me with not even a full beard because then you say you decided that you wanted the other beers and then you also want it all the vodka and then also drink all the lexuses jen before we all we're looking for the bottle of the jin ryu jin could it be and then it was in the trash can because bali ali drinks the entire bottle like last two weeks ago. It was insane. I'm anyway listen. There's a lot of work. We gotta decompress while we do this. I always you have to decompress before we move onto our day. I would like to remind everybody that we're still having a competition for <hes> podcast reviews so go to your apple podcast kassab. Go give us a review. Leave your instagram in your review and we're picking two winners every week to give free march to. We're going to be able to go to our march store. Pick anything you want any size anything and we will send it to you right now. I wanna see you in your march and we're going to post it. That's right yeah so you better take some picks all right billy what day this is a day. I can get behind abby an extra dessert day. Oh you know what i can get behind that too. I had a cookie for breakfast. I've been doing this recently and i need to stop why chocolate chip cookies for breakfast with with my coffee well. There's a cereal called cookie crisp cereal person. Are there any other day. Is this speak to me yeah well. There's only two other days the national macadamia day that's even worse than a cookie and national newspaper carrier day or and what's the other news easily burst into that one all right well. That's a message that let's turn down the lights and turn off your your anxiety because this could be you september eighth. Two thousand ten love the way you lie by eminem and rana was topping the charts. I'm still here <hes> an easy a were playing in the theaters and it was a normal day at the apparel company. Were marty hill worked. She let a graphics team and she and her staff for. I lied to me at ten a._m. For production meeting as everyone began to congregate people started to realize that marty wasn't there in fact shouldn't come to you work at all. Her co workers found this to be extremely unusual. Mardi is a very dependable and reliable and a passionate worker <unk> as graphic artist and it would be really strange for her to just not show up to work right in. Marty was described kind of as a little firecracker. She's really petite. Not she only weighed about ninety seven pounds soaking wet but she was feisty and fierce and she took care of business she took kickboxing lessons in state super active and really loved to work on our fitness and she was also the kind of person who really didn't let anything fall through the cracks. She was very buttoned up into punctuate. Punctuate with jacqueline said would not not show up to work yeah. That's just not her m._o. She was also a mother of two in at this time in two thousand ten sheet sheet. A twenty five year old son named steven who had just moved out of the house and she had a fifteen year old daughter named mackenzie who happens to be our first degree connection today as far as personality. My mom definitely the most positive person i've ever met my entire. Life is always always trying to good comedy or the goodness situation. She's definitely the most selfless person as well even though she would never admits missed out or herself. When my brother graduated high school he had a scholarship to go russell and and once he finished college actually moved back chase houston to work for my grandpa's company and so my mom and i actually really only two that lived in mcrae village house so one of marty's co-workers censor text text thinks that something may have just come up no reply and she calls her a few times no answer no phone back so she goes by marty's house and she gets their mardi car is sitting in the driveway so she walks up she rings the doorbell no answer she knocks on the door no answer the house looked empty and she just had a bad feeling so she went back to her car. Call the office and then spoke with another coworker and they built decided listen. We need to call the police so the police officer that was dispatched was bill baldwin of prairie village police department and he arrived very he quickly on the scene and when he arrived to this area he he noted that this particular neighborhood is especially quiet. It's residential. It's suburban paradise and he hasn't been there much because they don't get many calls to this particular part of town because it is so safe so officer baldwin approached the home he went up to the front door and he noticed that the door was closed but not locked so he pushed the door open slowly instead inside. It's the police department marty are you home. He said that over and over again he called for mardi mardi mardi are you there as he cautiously entered into the home. One of the first things he noticed that caught his glance was a woman's purse filled with belongings on the kitchen table officer baldwin being married man thought about his own wife how she didn't ever leave the house without her own purse. So now officer baldwin believes martin actually be inside the home somewhere he scanned the upstairs rooms and saw no clues that suggested there was any sort of struggle title robbery or other emergency that may have taken place there but then you saw door that appeared to lead to the basement he began to descend the stairs stairs so officer baldwin he's about two or three steps from the bottom of the stairs and he sees a person laying on the floor kind of like in a fetal position covered head to toe in blood and there was also a large amount of blood pooling around the person on the floor. He thought it was mardi but she was unrecognizable and she was barely breathing. She had been badly. The beaten in her neck was sliced. Her wounds were described savage so the officer he kneels down next to her and he keeps asking are over and over again. Who did this who did this to you marty who did this to you and he was saying that he wanted to get a dying declaration exploration. If that was what this was going to be he wanted in her last words to say who did this to marty was rushed to the hospital title and when the trauma surgeon walked in he saw her being wheeled in on a stretcher and he remarked later that she was so incredibly battered that he could not tell how it i if his patient was a man or woman or if they were young or old and had no idea what race his patient was that's how much blood was covering her body and how swollen her face and her head was. The only thing that the doctor could see was a lifeless form but she wasn't lifeless despite her catastrophic injuries mardi clinging to life as they tried to take stock of her many injuries as mardi clings to life word of what what happened to her spreads to her family the night before i had stayed at my dad's house side note mardi inner ex-husband are divorced well. I woke up went to school afterwards. My dad picked me and my best friend up into best to her house. I was in my best friend's room. <hes> at her house. My brother called me and was trying to start small tax. I mean he was saying. Can you know and i just tell from things wrong by the tone of voice by the time this phone call had happened. It was around kim. I want to say and the attack actually happened at eight a._m. She was there for about four hours before before anybody has found her and the reason that i haven't known about anything until so late is because they had actually told this numbers but did no. They weren't allowed to tell my brother or i because of you know they didn't want any of the information mason get out for the perpetrator to now if he was someone that could be you know that could get that information so it mckenzie's saying is that the police probably feared it was was someone close to marty and so my aunt actually went against what was after her and not telling us and end eventually and that day said we need this house even in mackenzie they called him. He called me kind of stopped and i said is everything yeah okay. All he's back to me. Was moms hurt. I said she okay and i just remember silenced and he said god she's alive. I just remember so vividly. I just kind of ran i got up and i ran outside of my best friends graham downstairs into her driveway and i just collapsed balling marty's daughter mackenzie marty's mother shirley walk into the hospital spital. The only thing going through my head was just issue okay. I need to go see her. As soon as we got their glee was the detectives that had taken my grandma ask more questions so i was kind of last close to the i._c._u. And was able to you walk back and see her. I walked back into the room. Donald person laying there really just did not not believe it was my mom. I again fell to my knees and i remember the first thing i said kind of thinking back on. Maybe the dan teenage arguments we may have had and i just said i will never be mean to you ever again and obviously you know she couldn't hear hear me but it was just at that moment where i'm so appreciative of everything she had done for me and looking at her you mean her had was so swollen. Her eyes are completely torn shot. It looked like a teardrop of blood running down the side of her face and i now know that the hospital would actually very trained and in situations like this so when someone that was potentially involved in a crime scene came in they knew not to clean them up right away because is there may be evidence. That was something now looking back makes complete sense but what i saw was really just the absolute most horrific horrific sight i have ever seen and the way that i did identify her was kind of moved to the bedsheet away from her hand hand. Hold it and i recognized her hands. I mean that was really the only thing about her and that i could recognize so the doctors are trying to make sense of all of her injuries. What they found was that the major veins the skin the muscle on the left side of the neck had all been completely cut through through and the major artery actually had a couple of knicks on it so we're talking millimeters away from having been completely cut through and for the next ninety minutes they cleaned the wounds and tried to put her back together but the doctors were still very concerned about her head so she had the cut but that she had this incredible bruising and swelling to her face and concussions which is essentially what she had can lead to swelling swelling of the brain so so they could look fine initially look look on the surface that they're fine initially and then the person could die a day later three days later so the concussion could be what kills her and detective named luke roth appeared at the hospital and when he arrived there were some key things he noticed and that he was looking. I'm four one was that marty's close appeared to be fully intact her bra appear to be intact and there were no signs of sexual assaults that could be seen in this preliminary phase and as he's looking for signs of sexual assault what he's really trying to pin down is signs of a motive no one knew so whether or not marty was going to survive and there was a hematoma located behind marty's ear which came one millimeter from a major artery which was of incredible oh concern to the doctors and they weren't really sure what was going to happen. I mean marty was in a phase where she was very touch and go so once you're done listening to all of the episodes that you're harkin desire of the i agree. We have an amazing new show for you to bench and it's called carnival row so carnival row was a one hour fantasy drama series starring orlando bloom and car de levin who we absolutely love the series is set in victorian fantasy world filled with mythological creatures creatures whose exotic homelands were invaded by the empires of man. They struggled to coexist with humans. They're forbidden to live love or fly with freedom. Orlando bloom plays ryshkov off illustrate who is a police inspector investigating a string of gruesome murders threatening the uneasy peace of the row car de levin plays vignette stone mazda ferry refugee who flees her warranty on homeland to come to burg or she must contend not only with rampant human prejudice against kind but with the secrets that have followed her to the new you land but even in darkness hope lives as human detective and ferry rekindle their dangerous affair despite increasingly intolerant society come together on august thirtieth to watch carnival only on amazon prime video this labor day weekend the police start to talk to people will and figure out who would have done this to marty and they go to martin's mother and kenzi who were both at marty's bedside and they're asking them who who could have done this. They learn that marty has an ex husband by the name of steve hill so where the police start they start with marty's ex husband they go to steve hills house and they interview him. He's very cooperative and invites the police and it is house. He runs down exactly likely what he did that day and tells them all about the history of his relationship with marty and yes they had some rough times together but you would never forever do anything bad to her and he wanted to find out who did this. Just as bad as everybody else did impact. It questioned me the day it happened. I went into a room with one of the detectives. I remember just being really small room with white walls and they you started asking me alive questions about my parents their relationships. If i ever thought my dad would do something like this and i just remember being go up fat and stowed offensive. My dad would never do anything like that. It was never a thought that crossed my mind and it made me sell up side. I really still does to this day that he was a fastback tino because they really had no one else to look at so marty made it through her first i night after her attack and mackenzie had to go home and go to sleep and try to carry on as her mom is fighting fighting for her life and they have no idea who attacked her and as the days went on i did say at my dad's house we were both so scared i bought in my parents bed with the door locked every single night with a shotgun next to the bed because i was the only thing that made us feel safe and every morning getting ready for school i couldn't blow dry my hair in the bathroom without my dad's sitting right there next to me. I just something about not being able to hear what was going on around me was just really unsettling after the police were confident that maris has been steve wasn't involved. They want to know what else she'd rather spare time. Who else could she be seeing. Who also is she involved with. Marty's mother said that she didn't know if marty was dating anybody but if she wasn't working she was at home. That's it that was what her life was. So at this point there's very very limited information as to who mardi might have been with or who she might have been in recent communication with so so as police question marty's family at the hospital officers were also scouring the crime scene for clues to see what they could glean from this scene trying to figure out how how and why marty was targeted and ultimately attacked so there initially thinking. Maybe this was a robbery but the canvas the hill home. It seemed that nothing a value was missing at all she even had cash laying out in her purse was on the counter as the responding officer had seen initially. Why was martin targeted so the detectives also went to marty's office inspector co workers who were friends of hers. They were trying to get a sense of martyrs routine the people in our life there were looking for anything that could lend a clue to what direction they should go in and try to figure out who would have done this to this mother of two and they also learn something else. They learned that somebody had broken into marty's mother's home a few days before mardi was attacked. Maybe it was connected and the police are really didn't know what was going on here but it's something that was interesting that they had to put on their radar is could be connect so the police keep digging and they learned from marty's mother that accompany had recently done work at our house and it was called b and j construction and she actually told marty you should use this company. Yeah we'll give her a give them. A reference and marty had mentioned in passing that there was a guy whose name is brian and he'd been sent to her home to complete work and she thought he was a nice guy and marty's mother thought bryan was a good family man good hard worker occur and actually did good work so marti used them because she had some stuck going inside her house that needs to get done and he did a really good job so police are raised eyebrow at that and they say okay well. Let's give brian a call. They get brian's number when they call brian. They don't abbas last night that it's no his name is bryan. Bryan calls back and he says his last name is brian pennington. He's twenty six years old luton missouri which is about ninety minutes from the kansas city metro area and the police. You know this seems pretty innocuous okay. This is just a handyman but like i always say if it's not the husband the handyman it's the handyman but they decided that all right. We need to talk to this guy guy so two nights. After the attack they get to brian's house. The please enter the small house which is home to brian his two young kids on his twenty year old wife jessica. It's a little after nine pm and the house is pretty secluded pretty dark. They knock on the door. Your bryant answers. Let's in come on in. Let's talk in the kitchen very cooperative respectful polite and there was yeah recorded from these casual questionings at brian's home these would you think really let <hes> she's brewery recently. Have you heard what happened to her. At all. No l. news channel earlier and so there's work on the inside or outside <music> person birthday she get <hes> hold over the next to go touch trims and stuff. Do you do outside things. Overturn later senior <music> <music> then he says talking about his financials so far i heard trump brian's i._d. They realize it's it's <hes> expired by quite a while news <music> <music> early. It took six years off. Where's is that in jail <music> city jail or killing six since since when was that only have you been out of jail awesome brian is answering these questions detectives are looking at him and they noticed that he has several scratches on the left side of his face ace and when they ask brian about this brian claims that his pit ball playfully pot him on the face in caused these marks on on his face the deductive is in buying it because when he looked at the scratches on his face they didn't appear to be consistent with what a dog would do or the marks that a dog would leave and the officer felt like maybe brian was hiding something and they asked him point blank if he was the one who had attacked marty in her home and and brian said no and brian kept stressing to the cops that he was having financial difficulties and there was no way that he could drive to kansas city to commit this crime and this was due to the fact that he didn't have enough money for gas and it was an hour and a half away after all they also go into the living room of the house and they speak with brian's wife jessica and they ask her where brian was the morning of the attack. Was he at home. Are you talk to your. Maybe laundry all this week. When do you remember when oceania oceania many o'brien's crews. Have you ever seen blood or anything on fiscal. All there is <music> to download movies tiring talked about that. Let's bills paid for mom. Just new here with your kids. Older ones are just to confirm. You're saying brian has been here. We're trying to figure out what's going on here <music>. We have no doubt that we're going to find the person that's responsible for this dangerous. I hope you're is in this kind of situation and if you're telling me the truth you don't have a thing in the world to worry about besides kid. I i know he did work on a house. Oh scared about if you like wine. <hes> andrew listening to the first degree then we're probably soulmates and i have the most amazing sponsor that you're going to want to get on board with and they're called. 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Postage twenty four seven for any letter any package any class a meal anywhere you wanna send and once your meal is ready. Just handed to your mail carrier or drop it off and a mailbox. It's that simple so if you wanna check out stamps dot com and get a four week trial a plus free postage and a digital skill or the any long-term commitment go to stamps dot com and click on the microphone at the top of the homepage and typing code first degree agree again that stamps dot com and enter code first degree so jessica said that on the night marty was attacked attacked bryan was home with her and jessica said that he had finished up that job the month prior and he'd been home. I'm two weeks straight day. He wasn't going anywhere. He ain't going nowhere in the night. I can't sleep at night if he's not here. That's chiesa eko going nowhere in the night nowhere so then the detective s jessica about the scratches that he saw on brian's face. Do you know how we got. Those jessica said there from the dog. I swear i swear and the story it's never the dog the dog and the detective -tective how many times has a dog scratched. Her face probably never billy. I've had my delegates face your face yeah like she does it doesn't mean to she's just like trying to you know hey look at me. You put your face to close but the detective the dog now. He doesn't believe jessica and just is also young. She looks about twenty years old. She looks very naive and and they had two children was like a year and a half and six months yet so they're they're getting the idea. The detectives are that this woman is going to say anything to protect your family and protect her husband. She needs him around things. Were already tight after this talk and with the scratches the detectives thank this guy uh-huh and they ask brian. Do you have any clothes that have blood on them in his house and he says no immediately says now i don't and we just heard the detectives asked jessica if she had laundered any clothes that had blood on them and she also said now they ask can we look through your clothing and he told them here so they go into the quarter of going to the bathroom and in the corner they see a hammer and he starts pulling out clothes finds a pair of jeans near the bottom of the hamper and he he pulls out the jeans and he immediately cbs's detective. They're covered with a red state and most of the stain was towards the the and back down the pin the pant leg so the detective asks brian if he knew the stuff was that was on the bottom of his pant leg. Brian said it's greece greece's something i don't know and the detective said it's not blood though right and brian said frankly no but when the detective saw the stains that was it he's like i got something. He tries to remain calm and you know he doesn't. He doesn't want to spook bryan bryan clam yeah like right now. It's what detectives to. It's like would be played nice guy. They don't think we just gotta. We gotta clear you dude whatever exactly and he's just trying to be like. How do i get him to allow me to take this. I have to act like. I don't know what's what's up yeah so he he's the asks him can i can. I take these genes from your house and brian writes a form fills out a form <hes> which is a consent form that says you can take my jeans my shoes dna swabs and they also take pictures of the scratches on his face and the detectives were they were like wow that was guys doing acid. We're getting this cooperation and they found you know they probably thought once they found the stain with blood that he was going to completely clam up yeah of course he just kept going and said yeah take all the stuff that's totally fine and then they start to doubt out then because maybe that was innocuous. Maybe that was greece danger something. Maybe this isn't our guy. Why would you do that. Why would you just hand everything over over and say here you go. They let the police rummage through the house looking the dirty laundry ticket shoes and things like that too so it's like. I don't know maybe he didn't do it. He's behaving lena stuff over pretty confidently so the detectives in the situation are clearly dealing with some mixed signals on the one hand brian had recent in contact with marty he had worked for admitted to that. She'd paid him five hundred dollars for the work that he had done on her home on the other hand what would drive a twenty seven year old man to attempt to attack and kill a forty four year old woman who hired him for some contract work and nothing else not only that i mean he'd been working for marty's mother shirley for nearly two years it. There was no sexual assault. He lived now and a half away. There's no obvious motive you know this wasn't computing computing and now he was handing these pants with red stains over willingly to the police for testing. Is this something guilty person would want to do. The police left brian's and drove straight to the crime lab. They got there around eleven pm and within thirty minutes they figured out that the genes tested positive for human blood okay so they have a yes for blood but they don't know who the blood actually belonged to. It could have been anybody's bought at this point. He does contract work so really could've even been his own so they'd have to wait a couple more days to determine who the blood belonged to with d._n._a. Testing so following the visit to brian's house house the detectives were contacted by the hospital and at first feared the worst. They fear that this attempted murder case. I was actually going to turn into the straight homicide case that marty had died but that's not what happened. They got a call that said mardi party is not only alive. She's recovering. She's conscious and she's talking pink. God you know okay. We feel like we we never have cases. I know it's so many actually pretty shocking to this happened on a wednesday on chatter day is when we actually got a phone call saying that she's talking and she just said brian. My grandma was right there when she said it and so because my grandma had already given the name brenton they were able to put that together very quickly but the police did get the dna results back in the blood found on brian's jeans was in fact mardi hills blood and with the conclusiveness of d._n._a. Evidence they knew knew that they had plenty to issue an arrest for brian five days. After the attack on monday september thirteenth the police drove to brian's enlighten missouri and found him driving having down the road he was laid back and the front passenger seat attempting to conceal himself from view as his wife drove the vehicle so they took him into custody eh in when the police took him into custody. This guy showed no signs of being upset. He showed no signs of anger. There is absolutely no emotion nothing apathy apathy total psychopath or just total denial so one thing that's interesting is when marty's mother shirley found out that bryant was the one who is responsible for this. I mean i mentioned earlier that he had referred brian to daughter mardi and surely had known him for years knew his wife in new his young kids and surely felt responsible. She nearly fainted when she found out that he was responsible. What's ball but my personal opinion surely cannot blame herself because when you have a healthy brain like presumably me jack and billy really who's sitting over here being really quiet. Does you're not constantly trying to prove that people in your life for dangerous. Your radar is an up and you're not constantly constantly looking to smoke out. Wolves dressing sheep's clothing. There's no way to know who of these strangers around neath could be dangerous in the only person responsible responsible here is brian mackenzie and her family are dealing with a lot of questions and a lot of fears. You know mars recovery the prosecution of this criminal all but one of the most glaring questions was why off the bat. The confusion about motive here is insane. I honestly to this day day. Just don't know and that's something that i've kind of come to terms i can. I haven't spent a lot of time thinking about myself as to why it would be because i know she's an amazing person. It's almost like he knew she was the perfect person and maybe he would never be that or maybe he would never have that. I truly don't know i know that's something she's struggled with. Ally is understanding but versus beginning getting the detectives have really just assured. I thought we don't think that way. We don't think like someone who could commit an act like that. Uh-huh and it's something that we won't ever understand. I was talking to mackenzie pointed something out and i said you know the night before the attack attack. You slept at your dad's but if you had slipped slept at your mom's you would have been there while this happened. I would have been there and that's something something else. I've seen obviously people people write all kinds of crazy stuff online but something i saw <music> that made me stop looking at all those things <hes> someone actually had commented somewhere written something that said had you know i think what happened was he had gone to kill the kenzi. I think he had gone for the daughter and i guess the way i always just kind of. Russia is the way i always don't with that was well that doesn't make sense because i had never met him but you're right and yeah i definitely certainly would have been there. Part of me goes back to if i was there. Would it not have happened. There's so many ways to think about it. There's there's so many ways to look back but we truly can't change anything that happened and i think if there's anything i learned from my mom it's just thinking in forward being positive and not spending your time on those things that keep you strasser. Anxiety brian was charged with attempted first degree murder and what's interesting is that they must have at this point believed cause second degree would have been if it was impromptu so at this point they've piece together that oh you didn't have an appointment with marty. You drove directly. There were the sole purpose of her. Yeah yeah didn't steal anything like it seemed seemed like a very planned. I mean they must have had information within their investigation that we're not privy to. I mean maybe they pulled surveillance. Maybe lord knows they're tracking everything you do but they they had reason to be like oh. You weren't there. This was a crime of opportunity. This is something you plants bright and marty's recovery was slow arduous and painstaking thing she said. I don't remember those first days. I don't remember feeling any pain. I do remember feeling like i had too much medicine in me. I didn't feel good. I believe leave that. It was the third day when i started speaking. Suddenly it all kind of flooded back what had happened. There are no questions i knew who it was and what he had done so that was martyrs perspective on the recovery. Marty's doctors described the initial recovery as as marty's brain was stunned around in complete shock in that kind of head trauma when you have the swelling that she had and your brain is sort of in survival mode and you forget things and you know she could walk walk but it wasn't pretty i remember in that room is so swollen she had to almost pinch it in with her two fingers to open her eye and she would just open it up and look at my brother and then look at me and then closer i and the way that she did that just seemed like she was able to be at peace and not moment seeing ash knowing where her one of her eyes wasn't tracking talking to her because of the brain trauma only one is able to move and the other one was just straightforward and i remember that was something i was so concerned turned about just because you know you need someone for the first time and you look straight in the eye and knock what you see and looking herself in the mirror and that was just something i was so scared it up with the a constant reminder of what happened but it just goes to normal and i it honestly is truly incredible how how she looks to that. She was starting to really feel her face. Falling on her is down a little bit the color of her <music> skin changed from purple the teen to like more of a green and yellow and remember she looked which in the mirror one day just had why don't work very good today and it was not same moment i was in the bathroom author much her helping or go to the bathroom helping her sit down helping her stand up taking her back to the bed so a lot of what i did. It was really being able being almost like the parent and that's what made me feel. It really made me feel like i was hoping and like that was one. It was really what felt right to me. It was just i'm going to do everything thing i can to help. Get her back to her. I mean all of those nerve endings in your brain when they get settled when they get damaged have to work to repair and brain injuries are really scary in that. Sometimes you have a brain injury. They're confident something will come back. Those nerves will repair sometimes their nerves that are in this gray or or like sometimes it comes back and sometimes it doesn't and sometimes like when you have a spinal injury this these don't repair brain injuries are very scary for people in that way and it's like some people revert back to childhood and and can take care of themselves and there was a lot of concern here but luckily i mean marty was mending and she was healing and and she was doing her best to heal given the circumstances and as far as our cognitive abilities she would change topics at the speed of light so she was having some difficulty with concentration to and the stronger that marty got the more she was able to recount of the morning of her attack. Here's what happened in marty's own words. I had gotten up early. I heard a knock at the door looking out the window. I saw that it was brian pennington. I couldn't really understand for sure why he would be there. It was odd that he was there that early. It was that he didn't call. I remember that he lived far away about an hour or and a half away. I rationalize his presence on my doorstep. He must be working in the area and wondering if i have more work than he's done he never voiced us. It was awesome author michelle up that early. He'd never arrived early when he had come to. My house previously work looking back. I realized that i had an odd feeling about this but i ignore the significance against of my instincts. I didn't wanna be rude. I went to the door and letterman being fairly brief conversation. He mentioned that he remembered robert something that was in the basement that he thought i should have done. I was very close to being ready to leave for work. We had someone in our department on vacation and i wanted to be there a little early. I i didn't think too much about this because he knew that i was getting the house ready to be put on the market so we started walking to the basement. I was leading leading. I i do remember talking but i also felt like he was being quiet like you would at least say how what okay i was getting an odd feeling ruling as we were going down the stairs in just two steps from the bottom of the stairs. He groped my throat. It was very tight in very strong. I kept saying what are you doing and it was just silence. He never said a word. I remember thinking that i should know what to do. When someone strangles you i should know how to get out of this. My voice faded quickly and i passed out. I came to and tried to fight back grabbing at him. Everything happened so fast. I told him to get out of my house and again asked him. What are you doing. My voice kept getting lower softer and suddenly my voice. I couldn't speak my voice can come out and i passed out. I was left on the floor in the basement. So if you are a fan of the first degree you obviously love true crime and we all know that true crime can get a little bit dark sometimes so when you go to bed and later head on your pillow you want to feel safe and sound and you know what you can with our sponsor a._d._t. So a._d._t. You can get all the latest innovation and smart home home security combined with twenty four seven monitoring from the most trusted name in home security. They have a team of professionals designing and installing a secure smart home just for you and eighteen thousand employees safeguarding you with connection to first responders and you can make yourself a secure smart home with everything from video video doorbells indoor and outdoor cameras smart locks and lights all controlled from a._d._t. App or the sound of your own voice and you can even get professionally monitored third carbon monoxide and smoke detectors and a system custom designed to fit your own home and that safety on the go in the car when your kids are at school. It's all with the a._d._t. Go app or s._o._s. Button so today's episode is sponsored by a._d._t. After the arrest as brian sat in custody the police learned that he had a prior police record and i walked police officer conduct an interview about the case and he said that brian had over sixty six zero contacts with law enforcement officers and he was involved in several domestic violence incidences where injuries as occurred to wise two girlfriends so battering women was not new to him right and jack and i were talking about this before we recorded on the heels of appearing not i was like okay. Let's see what we can find about some of these prior instances and deep dive into clear just missouri and kansas yeah 'cause. I don't know where else he lived saved because there's nothing really on him i didn't i did a background search and there aren't any other states so that was my best deductive reasoning trying to figure out where i could find records. There's has no records of any of his other infractions. I was saying jack. How would mardi if marty knew this guy was coming over new his name and and you wanted to just take a cursory serie look at who this guy who was coming into your house where you would be home alone is <hes> if she had done a search there would have been nothing and i always just wonder so we struggle with us. We always talk about how important it is to protect your civil liberties but on the other hand. It's also important that if you've had a horrible track record if you've checkered past if you've violence against women in your background which can be an indicator of a multitude of things i i mean shouldn't we as women in men to be protected from violent individuals or at least have the chance to opt in or out of being in their presence and that's the thing that i always struggle with in that regard and there was nothing on this guy. There was no way he could have known lacrosse. One of the detectives lives on the case believed that brian pennington is evil. He noted that not only did brian strangle marti initially he then beat her head into the concrete floor which caused multiple facial fractures and if that wasn't enough he then slit her throat three to four times leaving her to die in her basement that that morning detective lacrosse also said that brian was surprised when the cop should up at his door and he was even more surprised is to hear that marty hill was still alive. Brian intended to leave no living witnesses that morning and although mardi maintained her strength and perseverance through her attack and her recovery there was still one more terrifying obstacle for her to overcome. She had to face brian in court. Yeah i mean. I don't think i can never understand how truly hard that was for her. <hes> i think she's the only one that really knows rose and and felt those emotions. I know watching her walk there. She was still healing so it was well. <hes> our our attorney was incredible. She was there for her really just emotionally to to help my mom get through it and walked her up to the stand where she had to identify who it was and i just i so much respect for her even being able to do do that as as felt something so natural to her. You know what i have to do. It took so much strength to to one point where my brother and i were sitting on the side that he was sitting on and the police officer had to come over and ask us to move home because the they can just rita. You're still mad in court. It was really the first time that mackenzie family actually heard about this person who savagely attacked her mother. She really didn't know anything about him. Before some of the things that we started to find out so initially initially his wife said that he was with her that night he had beaten her. She had broken bones in the past. I think one of you had a crazy track record where he should have been in jail. Honestly at that point. I think he had tried to run over an ex in law ah with car stolen being i mean just as crazy story so pennington makes a deal with the prosecutors and he he actually tries to so he pleads guilty but then he tries to change his guilty plea at the last second the judges like now the judge gives him twenty eight years in prison for this brutal knife attack on marty so what did mackenzie think about the sentence her him being so young i. I truly don't think it's enough time <hes> if we would have gone to trial he could potentially could have gotten up to. I think it was fifty four years which it wouldn't have been enough. I think he should be in prison for life. I don't think someone who can commit an act like that to ever have a chance to be in society again then. I think it's just such a risk thing. I have such a hard time with it if she wouldn't have made it. She was literally a millimeter away from not living and is that would have been the outcome she would have been murdered and and citizens would have been different. He wouldn't have gotten twenty seven years. That's what i have such a hard time. What mackenzie brings up a really interesting point in matt his act. His intention was to murder marty so the fact that she survived doesn't make him any less dangerous who showed he be locked up for last last time. It's a really interesting question how someone could do something like this. I do think there's something just wrong with him. I do think you know he's a psychopath. I think that there's no other explanation. It's not something that just happened one day. I think it truly is something that <hes>. I mean one thing too that just kind of attest to his life was that in in the courtroom there wasn't a single person on his side. My mom had half the courtroom and more spilling over into what was supposed to the guy just spilled the court and friends and family and i think that really tough to the type of person she was and there's another thing that that mackenzie really wanted to bring up that kind of hasn't really been touched on in relationship to this case what my dad went through and obviously it can never compared apparently what my mom went through but being you know blamed essentially or being you know on the other end of this crime and having having the detectives look at you where this is something i haven't really thought about until recently but if my mom had it made it and my we didn't have enough evidence against somebody else you know what if my dad was falsely issues and what if i they didn't have parents that fifteen years old for the rest of my life i would just be show completely different. I don't i feel like i wouldn't i just i can't even complete intensive too. I don't know where i would be so one of her. Last questions for mackenzie was how this seemingly random attack on her mother which almost cost her her life has affected her. What happened is something that i do think about probably almost every day. It's something that will actually for the rest of my life. Do get scared sometimes by i think the best way to handle it is really being aware of your surroundings. I if i were to have someone come work on my house. I would make sure that someone knew where i was you. You know i always make sure my boyfriend knows where i am law and <hes> or that. There's someone here with me. Just kind of taking those necessary steps to be cautious. Josh is just in case and how is mardi doing today so she talks to herself in terms of per physical appearance <unk>. Obviously she'll always have the scar on her neck to remind her unfortunately of what happened she exactly as she you did before but i know she's so really does have trouble rationalizing the sphere that to get when before she could you know kind of scuttle saddle it and when she speaks and echoes she gets dizzy. She has a hard time balancing. Sometimes everyone when you need to really understand that when people go through trauma whether it's these you know the pain she feels the echo that the constant reminders doctors and just knowing things aren't the same as they were before or if it's just an internal struggle that someone's feeling just really never go because you can get someone to open up. You can have those conversations or at least let them know. You're there for them. I think it's something that everyone can be a little bit more aware of and as horrible bull as this experience has been for mardi she has found a way to find meaning and it and she's started doing speaking gauge moments and she has a website mardi hill dot com. Tom and she's basically started a foundation that provides support to victims of trauma in similar situations because when this happened to her she he didn't have anyone to talk to and she found one of the only things that really helped was talking to people who had been there who understood and mardi also has a book in progress and as soon as it is is out. I am going to buy it because the story is so inspiring. It's called a millimeter from murder. The anatomy of a survivor and i just think it's incredible that marty despite this horrific experience you've been able to do something positive with it to help others and it's really a beautiful inspiring message. You're sending so what are we learned today. I'll tell you what i didn't learn is why he picked mardi so so weird. Usually i you mean in every case we've done. There's been some sort of a connection. There's been some sort of a motive even if you're seeing like less killings or less attackers it's like oh. That's why they're doing that. They have a a fetish about hurting people and they're getting sexual gratification but it's like he didn't he didn't we do that in this case and nothing was missing and she was older than head but it's just odd he was doing work for the grandmother at her house and then doing work for mardi and you just don't know what his brain was doing and he hasn't. He hasn't said anything so we don't know and she's still confused. Infuse letting that's the negative about a guilty plea. They don't have to say anything and they didn't go for any kind of because he did play. He didn't have a lawyer earlier that tried to go for a mental illness defense or something along those lines so we're stuck with not knowing shows like well. It happened and that's what's the give and take with a guilty plea. It's like you spare the family a lengthy in emotionally traumatizing trial but you don't get any answers. I mean it's funny. We just saw this in our last two o._j. Episodes with domestic violence escalated into something more only this time. It's completely misplaced. I mean this isn't i mean lord knows what his poor wife went through but this isn't someone he knows personally that he's escalating in violence. It's not like he was in an abusive relationship that he ended up trying to kill that person yeah exactly it's almost like he's escalating but he had to put it somewhere else in pick some random to do that but it just is odd i mean i haven't seen this before where it's like usually hey. This is a lust type attack and this seems to me. I mean the fact that he drove. Two hours is also meditated. It also was yeah. I wasn't a criminal convenient ran into her at a park and was like oh well shit. He had to go there for two hours when he was driving like like you could have stopped yourself at any point in time and the fact that there is no real connection to her that we know of. It's just so we're you're right and it's it's so strange not strange as we're just conditioned this way because when we're looking for our killing that would make sense you know if she's sexually assaulted our brains brains would process that better because let's say okay that's when you're sick bastard yeah but with this guy nothing so disconnected connected well. One of the last things i wanted to bring up before we end is something interesting. The judge said at sentencing he said i guess we'll never know why brian did this. In this is a deduction that feels to me at least unfinished because even though we're talking about about a supposed lack of motive there's always something at least that's we believe here on the first degree that would purposeful actions of violence even when the target is selected at random. There's always an explanation even if it's buried deeply in the psyche of pathetic criminal like brian. There's there's a narrative even if not obvious at first there's always one that's present whether the act was prompted by a particular state of mind or even a desire to feel something in new or reasoning inspired by fantasy or thrill seeking either way whatever elusive motive he had or whatever feeling he was trying trying to incite by killing mardi hill his efforts failed miserably because marty is not only alive but she's thriving and she's better than cadaver in brian is rotting in jail during what's supposed to be the prime of his life all right well. We want to give a special. Thanks to mackenzie our first degree gas. Ask to a believer friend listened to the podcast and connected us exactly everything's connected in a weird way one degree from everything we're lower two degrees but thank you very much and if you are one degree away from a murderer or other stranger than fiction crime please write us. Hello at the first group podcast dot dot com or facebook message billy email me email also read your damn but i'll just send you an email and go get some march arch. I agree marches up and pop in and remember to enter our little giveaway contest guy giving us a good review on apple podcasts including in your instagram name and we'll pick it to this week. Pick anything you want in the store any size any shape any color the bank they understand not you deserve. It best reviews most creative. We're going to be going through that and also tell your friends about us. We work really hard. We love you guys so much. I ease our first. He's a word of mouth thing thing. 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